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| 1 | A bill to be entitled | ||
| 2 | An act relating to the Lakeland Downtown Development | ||
| 3 | Authority; codifying, amending, repealing, and reenacting | ||
| 4 | special acts relating to the Lakeland Downtown Development | ||
| 5 | Authority, an independent special district; providing | ||
| 6 | definitions; providing a statement of policy; providing a | ||
| 7 | method of defining the downtown area; creating a board to | ||
| 8 | be known as the Lakeland Downtown Development Authority; | ||
| 9 | providing for composition of the board; providing for | ||
| 10 | appointment, term of office, compensation, bonding, and | ||
| 11 | liability of the members of the board; providing for | ||
| 12 | filling vacancies in office; providing for bylaws and | ||
| 13 | internal governance of the board; prescribing the | ||
| 14 | functions and powers of the board; providing for Polk | ||
| 15 | County to levy an ad valorem tax of not more than 2 mills; | ||
| 16 | providing for records and fiscal management; providing for | ||
| 17 | issuing revenue certificates; providing for succession by | ||
| 18 | the city if the board ceases to exist or operate; | ||
| 19 | providing for referenda; prescribing the scope of this | ||
| 20 | act; providing for liberal construction; repealing | ||
| 21 | chapters 77-588 and 78-549, Laws of Florida; providing an | ||
| 22 | effective date. | ||
| 23 | |||
| 24 | Be It Enacted by the Legislature of the State of Florida: | ||
| 25 | |||
| 26 | Section 1. Pursuant to section 189.429, Florida Statutes, | ||
| 27 | this act constitutes the codification of all special acts | ||
| 28 | relating to the Lakeland Downtown Development Authority | ||
| 29 | District, also known as the Lakeland Downtown Development | ||
| 30 | Authority. It is the intent of the Legislature in enacting this | ||
| 31 | law to provide a single, comprehensive special act charter for | ||
| 32 | the district, including all current legislative authority | ||
| 33 | granted to the district by its several legislative enactments | ||
| 34 | and any additional authority granted by this act. | ||
| 35 | Section 2. Chapters 77-588 and 78-549, Laws of Florida, | ||
| 36 | are codified, reenacted, amended, and repealed as herein | ||
| 37 | provided. | ||
| 38 | Section 3. The Lakeland Downtown Development Authority | ||
| 39 | District is reenacted, and the charter for the district is re- | ||
| 40 | created and reenacted to read: | ||
| 41 | Section 1. Short title.--This act shall be known and may | ||
| 42 | be cited as the “Lakeland Downtown Development Authority Act.” | ||
| 43 | Section 2. Definitions and rules of construction.--Unless | ||
| 44 | qualified in the text, the following definitions and rules of | ||
| 45 | construction shall apply: | ||
| 46 | (1) “Board” means the Lakeland Downtown Development | ||
| 47 | Authority Board and any successor to its functions, authority, | ||
| 48 | rights, and obligations. | ||
| 49 | (2) “City” and “Lakeland” mean the City of Lakeland. | ||
| 50 | (3) “City commission” means the Lakeland City Commission | ||
| 51 | and any succeeding governing body of the city. | ||
| 52 | (4) “Downtown” and “downtown area” mean the area | ||
| 53 | established by the city commission as set forth herein and to | ||
| 54 | which this act primarily relates, including the central business | ||
| 55 | district and its environs. | ||
| 56 | (5) “Herein,” “hereby,” “hereof,” and similar compounds | ||
| 57 | refer to the entire act. | ||
| 58 | (6) “Including” shall be construed as merely introducing | ||
| 59 | illustrative examples and not as limiting in any way the | ||
| 60 | generality of the inclusive term. | ||
| 61 | (7) “Majority” without qualification means a majority of a | ||
| 62 | quorum. | ||
| 63 | (8) “Mayor” means the Mayor of the City of Lakeland. | ||
| 64 | (9) “State” means the State of Florida. | ||
| 65 | (10) “Freeholder” for the purposes of this act means any | ||
| 66 | owner of real property in the downtown area not wholly exempt | ||
| 67 | from ad valorem taxation, including those claiming homestead, | ||
| 68 | whether individual, corporation, trust, estate, partnership, or | ||
| 69 | other artificial legal entity. | ||
| 70 | (11) “Elector” shall be as defined in Section 2 of Article | ||
| 71 | VI of the State Constitution, 1968. | ||
| 72 | Section 3. Statement of policy.--It is the policy of the | ||
| 73 | state to make it possible for the City of Lakeland to revitalize | ||
| 74 | and preserve property value and prevent deterioration in the | ||
| 75 | central business district by a system of self help to correct | ||
| 76 | the blight of such deterioration as has developed there. It is a | ||
| 77 | purpose of this act to provide the means whereby property owners | ||
| 78 | within said district benefiting directly from the result of such | ||
| 79 | a program shall bear the substantial cost thereof, and thereby | ||
| 80 | local problems may be solved on a local level. | ||
| 81 | Section 4. Downtown area description.-- | ||
| 82 | (1) The boundaries of the Lakeland Downtown Development | ||
| 83 | Authority District are: | ||
| 84 | Commencing at a point at the intersection of Iowa Av. | ||
| 85 | and Magnolia St., proceed south and easterly along the | ||
| 86 | western right-of-way of the proposed In-Town Bypass | ||
| 87 | (SR 600), Project No. 16000-3502, to the intersection | ||
| 88 | with the CSX railroad tracks; thence proceed | ||
| 89 | northeasterly along the CSX railroad tracks to the | ||
| 90 | intersection with the proposed In-Town Bypass; thence | ||
| 91 | southeasterly along the proposed In-Town Bypass to | ||
| 92 | Lake Av.; thence southerly along Lake Av. to E. Orange | ||
| 93 | St.; thence westerly along E. Orange St. to S. Iowa | ||
| 94 | Ave.; thence southerly along S. Iowa Ave. to Lake | ||
| 95 | Morton Dr.; thence westerly along Lake Morton Dr. to | ||
| 96 | Louise Place; thence westerly along Louise Place to S. | ||
| 97 | Florida Ave,; thence northerly along S. Florida Ave. | ||
| 98 | to W. Walnut St.; thence westerly along W. Walnut St. | ||
| 99 | to S. Missouri Ave.; thence southerly along the | ||
| 100 | western right-of-way line of S. Missouri Ave. to the | ||
| 101 | centerline of W. Hickory St.; thence westerly along | ||
| 102 | the centerline of W. Hickory St. approximately 135' | ||
| 103 | from the western right-of-way line of S. Missouri Ave. | ||
| 104 | to the centerline of the closed north-south alley way; | ||
| 105 | thence southerly along the centerline of said closed | ||
| 106 | alley way to the north right-of-way line of W. | ||
| 107 | Palmetto St.; thence westerly approximately 830.68' | ||
| 108 | along W. Palmetto St. to the northwestern corner of | ||
| 109 | the intersection of W. Palmetto St. and Lakeside Ave.; | ||
| 110 | thence northerly approximately 199.98'; thence | ||
| 111 | westerly approximately 219.26' to the southeasterly | ||
| 112 | right-of-way line of Sikes Blvd.; thence southeasterly | ||
| 113 | along Sikes Blvd. to the extended north-south | ||
| 114 | alignment of the western boundary of The Lakeland | ||
| 115 | Center south parking lot; thence northerly along said | ||
| 116 | alignment to W. Lime St.; thence westerly along W. | ||
| 117 | Lime St. to Lake Beulah Dr.; thence northerly along | ||
| 118 | Lake Beulah Dr. to W. Lemon St.; thence easterly along | ||
| 119 | W. Lemon St. to Dakota Ave.; thence northerly along | ||
| 120 | Dakota Ave. and Dakota Ave. extended to Lake Wire Dr.; | ||
| 121 | thence easterly along the south and east side of Lake | ||
| 122 | Wire to New York Av.; thence northerly along New York | ||
| 123 | Av. to Magnolia St.; thence easterly along Magnolia | ||
| 124 | St. to the point of beginning. | ||
| 125 | (a) The city commission shall set a date for a public | ||
| 126 | hearing for the adoption of an ordinance describing the downtown | ||
| 127 | area. Upon the adoption of a resolution, the city commission | ||
| 128 | shall cause a notice of the public hearing to be published in a | ||
| 129 | newspaper of general circulation published in the city, which | ||
| 130 | notice shall be published two times, not less than 30 nor more | ||
| 131 | than 60 days from the date of the hearing. The notice shall set | ||
| 132 | forth the date, time, and place of the hearing and shall | ||
| 133 | describe the proposed boundaries of the downtown area. | ||
| 134 | Additionally, the board shall cause to be mailed to each owner | ||
| 135 | of real property within the proposed area not wholly exempt from | ||
| 136 | taxes, according to the tax collector’s records existing in Polk | ||
| 137 | County, a copy of the notice as published in the paper, not less | ||
| 138 | than 15 days prior to the hearing. Any citizen, taxpayer, or | ||
| 139 | property owner shall have the right to be heard in favor of, or | ||
| 140 | in opposition to, the proposed boundaries of the downtown | ||
| 141 | district. | ||
| 142 | (b) After the public hearing, the city commission shall, | ||
| 143 | in the manner authorized by law, adopt an ordinance defining the | ||
| 144 | downtown area. The city commission shall not incorporate land | ||
| 145 | into the district not included in the description contained in | ||
| 146 | the notice of the public hearing, but it may eliminate any lands | ||
| 147 | from the area, as published, in the final determination of the | ||
| 148 | boundaries. Such eliminated lands shall be free from any | ||
| 149 | additional tax imposed herein. From and after the effective date | ||
| 150 | of the ordinance, it shall have existence as herein provided. | ||
| 151 | (2) The city commission may from time to time, by the | ||
| 152 | procedure herein provided, alter or amend the boundaries of the | ||
| 153 | downtown area by the inclusion of additional territory or the | ||
| 154 | exclusion of lands from the limits of the district. | ||
| 155 | Section 5. Creation of the board; composition and | ||
| 156 | provisions relating to members.--There is hereby created a board | ||
| 157 | composed of seven members to be known officially as the | ||
| 158 | “Lakeland Downtown Development Authority.” The board is hereby | ||
| 159 | constituted a body corporate and an agency of the city. | ||
| 160 | Performance by the board of its duties and exercise of its | ||
| 161 | powers are hereby designated municipal functions and shall be so | ||
| 162 | construed. | ||
| 163 | (1) Six noncommissioner members of the board shall be | ||
| 164 | elected for 3-year terms, with two members being elected in an | ||
| 165 | authority election each year, at a date specified in the bylaws, | ||
| 166 | by: | ||
| 167 | (a) The electors residing within the downtown area and | ||
| 168 | registered within a precinct which lies within the downtown | ||
| 169 | area. | ||
| 170 | (b) The designated voting representatives of any | ||
| 171 | corporation or other artificial legal entity owning property | ||
| 172 | within the taxing district. | ||
| 173 | (c) Any freeholder owning property within the district. | ||
| 174 | Corporations or other artificial legal entities desiring to | ||
| 175 | designate a voting representative with the board shall do so in | ||
| 176 | the form and manner specified in the bylaws. | ||
| 177 | |||
| 178 | In any election, each qualified voter shall have the right to | ||
| 179 | write in any additional person on the ballot for each office. | ||
| 180 | Any ballot received more than 2 weeks later than the date mailed | ||
| 181 | by the authority shall be null and void. Similarly, any ballot | ||
| 182 | containing fewer than 2 votes shall be null and void. | ||
| 183 | Nominations for board members shall be made by filing with the | ||
| 184 | city clerk a petition on a form to be prescribed by the clerk, | ||
| 185 | bearing the signatures of at least 10 electors or freeholders | ||
| 186 | entitled to vote in the election. | ||
| 187 | (2) Two noncommissioner board members shall be elected at | ||
| 188 | each annual election. Each qualified voter shall vote for two of | ||
| 189 | those nominated for office. The two nominees receiving the | ||
| 190 | greatest number of votes shall be elected as noncommissioner | ||
| 191 | board members and shall serve for 3-year terms. In addition, the | ||
| 192 | mayor, or a commissioner serving on the City Commission of | ||
| 193 | Lakeland and designated by the mayor, shall serve in the | ||
| 194 | position of commissioner board member on the Lakeland Downtown | ||
| 195 | Development Authority. | ||
| 196 | (3) The City Manager of the City of Lakeland shall serve | ||
| 197 | as an ex officio member of the board. | ||
| 198 | (4) To qualify for service on this board and to remain | ||
| 199 | qualified for service on it, all board members, except for | ||
| 200 | commissioner members, shall have their principal places of | ||
| 201 | business or employment in the downtown area or shall hold | ||
| 202 | property in the downtown area. | ||
| 203 | (5) In the event of any vacancies in office, the board | ||
| 204 | shall appoint someone to serve temporarily until the next | ||
| 205 | scheduled election, at which time there shall be nominations, as | ||
| 206 | provided herein, for the remainder of the unexpired term. | ||
| 207 | (6) Each member of the board shall serve without | ||
| 208 | compensation for services rendered as a member but may be | ||
| 209 | reimbursed by the board for necessary and reasonable expenses | ||
| 210 | actually incurred in the performance of duty. The board may | ||
| 211 | require that all its members or any or all of its officers or | ||
| 212 | employees be required to post bond for faithful performance of | ||
| 213 | duty. The board shall require such bond of all persons | ||
| 214 | authorized to sign on accounts of the board, and the board shall | ||
| 215 | pay bonding costs. No member of the board shall be personally | ||
| 216 | liable for any action taken in attempting in good faith to | ||
| 217 | perform his or her duty, or for a decision not to act, except in | ||
| 218 | instances of fraud or willful neglect of duty. | ||
| 219 | Section 6. Board bylaws and internal governance.-- | ||
| 220 | (1) The board shall formulate and may amend its own rules | ||
| 221 | of procedure and written bylaws, not inconsistent herewith, but | ||
| 222 | such rules of procedure and written bylaws and amendments | ||
| 223 | thereto shall become effective only after the approval of a | ||
| 224 | majority of the voting members of the board. | ||
| 225 | (2) Four voting members of the board shall constitute a | ||
| 226 | quorum for the transaction of business, but fewer than a quorum | ||
| 227 | may adjourn from time to time. All action shall be taken by vote | ||
| 228 | of at least a majority present and voting. Each year the board | ||
| 229 | shall select one of its members as chair and another as vice | ||
| 230 | chair. It shall hold regular meetings at least once a month at a | ||
| 231 | regular meeting place to facilitate the attendance of interested | ||
| 232 | parties and shall provide in its bylaws for holding special | ||
| 233 | meetings. All owners of property in the downtown area not wholly | ||
| 234 | exempt from taxes shall be notified by mail of the time and | ||
| 235 | place of all special meetings, and any person shall have the | ||
| 236 | right to attend and voice opinions at such meetings. | ||
| 237 | Section 7. Functions of the board.--The board shall | ||
| 238 | perform the following functions: | ||
| 239 | (1) The board shall not provide city governmental | ||
| 240 | services, but shall act as a catalyst to see that such services | ||
| 241 | are properly planned for within the downtown area and are | ||
| 242 | provided in a proper and full manner within that area. | ||
| 243 | (2) Assist the city in preparing and maintaining on a | ||
| 244 | current basis an analysis of the economic conditions and changes | ||
| 245 | occurring in the downtown area, including the effect thereon of | ||
| 246 | such factors as metropolitan growth, traffic congestion, parking | ||
| 247 | and other access facilities, and structural obsolescence and | ||
| 248 | deterioration. | ||
| 249 | (3) Assist the city in formulating and maintaining on a | ||
| 250 | current basis both short-range and long-range plans for | ||
| 251 | improving the attractiveness and accessibility to the public of | ||
| 252 | downtown facilities, promoting efficient use thereof, remedying | ||
| 253 | the deterioration of downtown property values, and developing | ||
| 254 | the downtown area in general. | ||
| 255 | (4) Recommend to the city, for its consideration and | ||
| 256 | approval, the actions deemed most suitable for implementing any | ||
| 257 | downtown development plans, including removal, razing, repair, | ||
| 258 | renovation, reconstruction, remodeling, and improvement of | ||
| 259 | existing structures, addition of new structures and facilities, | ||
| 260 | relocation of those existing, and changes in facilities for | ||
| 261 | getting thereto and therefrom. | ||
| 262 | (5) Participate actively in the implementation and | ||
| 263 | execution of downtown development plans, including | ||
| 264 | establishment, acquisition, construction, ownership, financing, | ||
| 265 | leasing, licensing, operation, and management of publicly owned | ||
| 266 | or leased facilities deemed feasible and beneficial in effecting | ||
| 267 | implementation for public purposes; however, this subsection | ||
| 268 | shall not give the board any power or control over any city | ||
| 269 | property unless and until assigned to it by the city commission | ||
| 270 | under the provision of subsection (6). | ||
| 271 | (6) Carry on such additional lawful projects and | ||
| 272 | undertakings related to the downtown area as the city commission | ||
| 273 | may assign to the board with its consent. | ||
| 274 | Section 8. Powers of the board.--In the performance of the | ||
| 275 | functions vested in or assigned to the board under section 7, | ||
| 276 | the board is granted the following powers: | ||
| 277 | (1) To enter into contracts and agreements to accomplish | ||
| 278 | the functions set forth in section 7 and to sue and be sued as a | ||
| 279 | body corporate. | ||
| 280 | (2) To have and use a corporate seal. | ||
| 281 | (3) To accept grants and donations of any type of | ||
| 282 | property, labor, or other thing of value from any public or | ||
| 283 | private source. | ||
| 284 | (4) To receive the proceeds of the tax hereby imposed. | ||
| 285 | (5) To receive the revenues from any property or facility | ||
| 286 | owned, leased, licensed, or operated by it or under its control, | ||
| 287 | subject to the limitations imposed upon it by trusts or other | ||
| 288 | agreements validly entered into by it. | ||
| 289 | (6) To have exclusive control of funds legally available | ||
| 290 | to it, subject to limitations imposed upon it by law or by any | ||
| 291 | agreement validly entered into by it. | ||
| 292 | (7) To cooperate and enter into agreements with other | ||
| 293 | governmental agencies or other public bodies, except that | ||
| 294 | nothing in this act shall be construed as authorization to | ||
| 295 | initiate a federally subsidized urban renewal program and any | ||
| 296 | such urban renewal program is hereby specifically prohibited. | ||
| 297 | (8) To borrow money and to issue and sell revenue | ||
| 298 | certificates as hereinafter provided, or in any other manner | ||
| 299 | permitted by law and not inconsistent with the provisions | ||
| 300 | hereof, and to take all steps necessary for efficient | ||
| 301 | preparation and marketing of the certificates at public or | ||
| 302 | private sale at the best price obtainable, including the entry | ||
| 303 | into agreements with corporate trustees, underwriters, and the | ||
| 304 | holders of the certificates, and the employment and payment as a | ||
| 305 | necessary expense of issuance, for the service of consultants on | ||
| 306 | valuations, costs, and feasibility of undertaking, revenues to | ||
| 307 | be anticipated and other financial matters, architecture, | ||
| 308 | engineering, legal matters, accounting matters, and any other | ||
| 309 | fields in which expert advice may be needed to effectuate | ||
| 310 | advantageous issuance and marketing. | ||
| 311 | (9) To request by resolution that the city exercise its | ||
| 312 | powers of eminent domain to acquire any real property for public | ||
| 313 | purposes. If the property involved is acquired, the board shall | ||
| 314 | take over and assume control of such property on terms mutually | ||
| 315 | agreed upon between the city and the board, but the board shall | ||
| 316 | not hereafter be authorized to sell, lease, or otherwise dispose | ||
| 317 | of such property so acquired without the formal consent of the | ||
| 318 | city commission. | ||
| 319 | (10) To acquire, own, convey, or otherwise dispose of, | ||
| 320 | lease as lessor or lessee, construct, maintain, improve, | ||
| 321 | enlarge, raze, relocate, operate, and manage property and | ||
| 322 | facilities of whatever type to which it holds title and to grant | ||
| 323 | or acquire licenses, easements, and options with respect | ||
| 324 | thereto. | ||
| 325 | Section 9. Levy of ad valorem tax.--Polk County, upon | ||
| 326 | request of the board for the purpose of implementing its | ||
| 327 | authority under this act, shall levy an ad valorem tax in | ||
| 328 | addition to all other ad valorem taxes that may be levied | ||
| 329 | annually by the county on all real property within the area | ||
| 330 | described in section 4, except that no such tax shall be levied | ||
| 331 | on property qualifying for homestead exemption, and Polk County | ||
| 332 | shall administer such levy as a special taxing district levy | ||
| 333 | authorized under Section 9 of Article VII of the State | ||
| 334 | Constitution. The rate shall not exceed 2 mills on each dollar | ||
| 335 | of tax base, and the board shall establish its budget for the | ||
| 336 | coming fiscal year and for each fiscal year thereafter prior to | ||
| 337 | the time the Tax Collector of Polk County shall prepare his or | ||
| 338 | her tax bills. After making public the proposed budget, the | ||
| 339 | board shall communicate by written notice to the Tax Assessor of | ||
| 340 | Polk County what millage rate, within the 2-mill limit, shall be | ||
| 341 | in effect for the next year’s billing. | ||
| 342 | Section 10. Board records and fiscal management.-- | ||
| 343 | (1) The funds of the board shall be maintained under a | ||
| 344 | separate account, shall be used for the purposes herein | ||
| 345 | authorized, and shall be distributed only by direction of or | ||
| 346 | with the approval of the board pursuant to requisitions signed | ||
| 347 | by the director or other designated chief fiscal officer of the | ||
| 348 | board and countersigned by at least one other person who shall | ||
| 349 | be a member of the board. | ||
| 350 | (2) The board bylaws shall provide for maintenance of | ||
| 351 | minutes and other official records of its proceedings and | ||
| 352 | actions, for preparation and adoption of an annual budget for | ||
| 353 | each ensuing fiscal year, for internal supervision and control | ||
| 354 | of its accounts, which function the appropriate city fiscal | ||
| 355 | officers may perform at its request, and for an external audit | ||
| 356 | at least annually by an independent certified public accountant | ||
| 357 | who has no personal interest, direct or indirect, in its fiscal | ||
| 358 | affairs. A copy of the external audit shall be filed with the | ||
| 359 | city clerk within 90 days after the end of each fiscal year. | ||
| 360 | (3) No member or employee of the board shall participate | ||
| 361 | by vote or otherwise on behalf of the board in any matter in | ||
| 362 | which he or she has a direct financial interest or an indirect | ||
| 363 | financial interest other than of the benefits to be derived | ||
| 364 | generally from the development of the downtown area. | ||
| 365 | Participation with knowledge of such interest shall constitute | ||
| 366 | malfeasance and shall result, as regards a member, in automatic | ||
| 367 | forfeiture of office or, as regards an employee, in prompt | ||
| 368 | dismissal. | ||
| 369 | Section 11. Issuance of revenue certificates.--Issuance of | ||
| 370 | revenue certificates by the board shall be governed by the | ||
| 371 | following general provisions: | ||
| 372 | (1) Revenue certificates for purposes hereof are limited | ||
| 373 | to obligations that are secured solely by pledge of revenues | ||
| 374 | produced by the facility or facilities for the benefit of which | ||
| 375 | the certificates are issued and the sale proceeds used and that | ||
| 376 | do not constitute a lien or encumbrance, legal or equitable, on | ||
| 377 | any real property of the board or on any of its personal | ||
| 378 | property other than the revenues pledged to secure payment of | ||
| 379 | the certificates. | ||
| 380 | (2) The faith and credit of the city shall not be pledged | ||
| 381 | and the city shall not be obligated directly or indirectly to | ||
| 382 | make any payments on or appropriate any funds for certificates | ||
| 383 | issued by the board. | ||
| 384 | (3) Before issuing any revenue certificate, the board | ||
| 385 | shall, with respect to each issue: | ||
| 386 | (a) Prepare or procure from a reliable source detailed | ||
| 387 | estimates of the total cost of the undertaking for which the | ||
| 388 | certificates are contemplated and of the annual revenues to be | ||
| 389 | obtained therefrom and pledged as security for payment of the | ||
| 390 | certificates. | ||
| 391 | (b) Determine that the anticipated net proceeds from the | ||
| 392 | sale, together with any other funds available and intended for | ||
| 393 | the purposes of the issue, will be sufficient to cover all costs | ||
| 394 | of the undertaking and of preparing and marketing the issues | ||
| 395 | connected therewith. | ||
| 396 | (c) Determine that the annual revenues anticipated from | ||
| 397 | the undertaking will be sufficient to pay not only the estimated | ||
| 398 | annual cost of maintaining, repairing, operating, and replacing, | ||
| 399 | to any necessary extent, the undertaking, but also the punctual | ||
| 400 | payment of the principal of, and interest on, the contemplated | ||
| 401 | certificates. | ||
| 402 | (d) Specify its determinations in, and include the | ||
| 403 | supporting estimates as part of, the resolution providing for | ||
| 404 | the issue. | ||
| 405 | (4) The board may, with respect to any issue of revenue | ||
| 406 | certificates, engage the services of a corporate trustee for the | ||
| 407 | issue and may treat any or all costs of carrying out the trust | ||
| 408 | agreement as part of the operating costs of the undertaking for | ||
| 409 | which the certificates are issued. | ||
| 410 | (5) The board shall from time to time establish such | ||
| 411 | rentals, rates, and charges, or shall by agreement maintain such | ||
| 412 | control thereof, as to meet punctually all payments on the | ||
| 413 | undertaking and its maintenance and repair, including reserves | ||
| 414 | therefor and for depreciation and replacement. | ||
| 415 | (6) Revenue certificates may be issued for the purpose of | ||
| 416 | funding, refunding, or both. | ||
| 417 | (7) All revenue certificates issued pursuant hereto shall | ||
| 418 | be negotiable instruments for all purposes. | ||
| 419 | (8) Validation bonds shall be in accordance with chapter | ||
| 420 | 75, Florida Statutes. | ||
| 421 | Section 12. Transfer upon cessation of the board.--Should | ||
| 422 | the board cease to exist or to operate for whatever reason, all | ||
| 423 | property of whatever kind shall forthwith become the property of | ||
| 424 | the city, subject to the outstanding obligations of the board | ||
| 425 | incurred in conformity with all of the foregoing provisions, and | ||
| 426 | the city shall use this property to the maximum extent then | ||
| 427 | practicable for effectuating the purposes hereof and shall | ||
| 428 | succeed to and exercise only such powers of the board as shall | ||
| 429 | be necessary to meet outstanding obligations of the board and | ||
| 430 | effect an orderly cessation of its powers and functions. | ||
| 431 | However, under no circumstances shall the city directly or | ||
| 432 | indirectly be obligated to pledge or use any of its tax moneys | ||
| 433 | to accomplish these functions. | ||
| 434 | Section 13. Referendum.--No ad valorem tax shall be levied | ||
| 435 | hereunder unless the question of the right of the board to levy | ||
| 436 | an annual tax pursuant to section 9 has been submitted to the | ||
| 437 | electors who reside within the downtown area and are registered | ||
| 438 | within a precinct which lies within the downtown area and to the | ||
| 439 | freeholders owning property in the downtown area. | ||
| 440 | (1) For the purposes of any required referendum, the city | ||
| 441 | clerk shall act as election supervisor and do all things | ||
| 442 | necessary to carry out the provisions of this section. | ||
| 443 | (2) The Clerk of the City of Lakeland shall compile a list | ||
| 444 | of the names and the last known addresses of the property owners | ||
| 445 | of real property not wholly exempt from taxes as determined from | ||
| 446 | the tax assessment rolls of Polk County, and the list so | ||
| 447 | prepared shall constitute the registration list for the purposes | ||
| 448 | of the referendum herein, except as hereinafter provided. | ||
| 449 | (3) The clerk shall notify each person qualified to vote | ||
| 450 | herein of the general provisions of this act and shall send him | ||
| 451 | or her a certified copy of same, the dates of the upcoming | ||
| 452 | referendum, and the method provided for additional registration | ||
| 453 | should the status of any property owner have changed from that | ||
| 454 | obtained from the county property appraiser. Notification | ||
| 455 | hereunder shall be by United States mail and in addition thereto | ||
| 456 | by publication one time in a newspaper of general circulation. | ||
| 457 | (4) Any person entitled to vote herein whose name does not | ||
| 458 | appear on such registration list may register with the city | ||
| 459 | clerk at City Hall of the City of Lakeland or by mail in | ||
| 460 | accordance with regulations promulgated by the clerk. The | ||
| 461 | registration lists shall remain open until 30 days after the | ||
| 462 | notification provided in subsection (3). | ||
| 463 | (5) Within 30 days after the closing of the registration | ||
| 464 | list, the clerk shall have a secret and direct ballot of the | ||
| 465 | persons entitled to vote in such a referendum by providing a | ||
| 466 | certified voting machine or paper ballot at City Hall of the | ||
| 467 | City of Lakeland, between the legal hours of voting in normal | ||
| 468 | elections. The clerk shall place the date of this election in | ||
| 469 | the original notification and, additionally, the day after the | ||
| 470 | registration list is closed, shall mail to all eligible voters | ||
| 471 | additional notification of the time and place of said election. | ||
| 472 | Within 1 day after holding said election, the clerk shall | ||
| 473 | certify the results thereof to the City Commission of Lakeland | ||
| 474 | and to the board. Any person voting who has knowledge that he or | ||
| 475 | she is not a freeholder or elector residing within the district | ||
| 476 | as defined by this act shall be guilty of perjury and shall be | ||
| 477 | prosecuted and, upon conviction, punished in accordance with the | ||
| 478 | provisions of the laws of this state. | ||
| 479 | (6) For the purposes of this act, one vote shall be | ||
| 480 | allowed for each individual who is a freeholder or elector as | ||
| 481 | defined in section 5(1)(a) and by the State Constitution. Joint | ||
| 482 | and several owners of property shall be allowed to cast one | ||
| 483 | ballot per parcel. Corporations or other artificial legal | ||
| 484 | entities that own property within the district shall designate a | ||
| 485 | voting representative no less than 1 week prior to any | ||
| 486 | referendum in the manner to be prescribed by the city clerk. | ||
| 487 | Such corporations or artificial legal entities shall vote only | ||
| 488 | through their designated representatives. | ||
| 489 | (7) Additional referenda called for levying special taxing | ||
| 490 | district taxes after changing the boundaries of the downtown | ||
| 491 | area originally established in accordance with section 4 shall | ||
| 492 | be held in accordance with the referendum provisions of this | ||
| 493 | act. However, no provision of this act shall require the | ||
| 494 | approval of property owners or electors in an area which was not | ||
| 495 | previously included within the boundary of the Lakeland Downtown | ||
| 496 | Development Authority. | ||
| 497 | (8) A repeal referendum may be called by petition of the | ||
| 498 | property owners and electors representing at least 30 percent of | ||
| 499 | the property owners and electors in the downtown area as defined | ||
| 500 | in section 5(1)(a) for the purpose of abolishing the board and | ||
| 501 | repealing this act. Upon the receipt of such a petition for a | ||
| 502 | repeal referendum by the city clerk, a referendum election shall | ||
| 503 | be called by the city clerk and shall be held under the | ||
| 504 | procedures as specified in this section. If the repeal shall | ||
| 505 | fail, there shall be no additional repeal referendum made by | ||
| 506 | petition at any time until 1 year after the certification of the | ||
| 507 | results of the previous repeal referendum by the clerk. | ||
| 508 | (9) The elections to be held under this act shall be held | ||
| 509 | in accordance with the election laws of the City of Lakeland | ||
| 510 | insofar as possible and the laws of the state. | ||
| 511 | Section 14. Millage limitations.--This act provides for | ||
| 512 | the establishment of a special taxing district under Section 9 | ||
| 513 | of Article VII of the State Constitution, and the millage | ||
| 514 | limitation is specified in this act as authorized by the State | ||
| 515 | Constitution. It is intended that such tax shall not be | ||
| 516 | construed as a tax for county or municipal purposes as referred | ||
| 517 | to in that section of the State Constitution. However, should | ||
| 518 | this act be judicially construed to be within the 10-mill | ||
| 519 | limitation of the city or the 10-mill limitation of the county, | ||
| 520 | then all provisions of this act shall be null and void and this | ||
| 521 | act shall be of no further effect. | ||
| 522 | Section 15. Liberal construction.--The provisions of this | ||
| 523 | act, being desirable for the welfare of the city and its | ||
| 524 | inhabitants, shall be liberally construed to effectuate the | ||
| 525 | purposes herein set forth. | ||
| 526 | Section 4. Chapters 77-588 and 78-549, Laws of Florida, | ||
| 527 | are repealed. | ||
| 528 | Section 5. This act shall take effect upon becoming a law. | ||